前总统唐纳德·特朗普(Donald Trump)周一在一份新的法庭文件中，再次敦促佐治亚州法官驳回他的指控富尔顿县选举干扰指控根据第一修正案，认为对他的起诉是“绝对无效的”，因为它试图将“核心政治言论”定为犯罪。
特朗普的律师史蒂夫·萨多(Steve Sadow)和珍妮弗·利特尔(Jennifer Little)在新提交的文件中表示，“特朗普总统和其他所有美国人一样，享有强大的第一修正案权利。”。“这里的起诉不仅将附带影响受保护言论的行为定为犯罪;相反，它直接针对核心的受保护的政治言论和活动。”
新的文件支持特朗普的律师此前在法庭上提出的论点本月早些时候的听证会他们在信中称，起诉书“侵犯了言论自由”
“起诉书需要被驳回，”萨多在12月1日的听证会上告诉法庭。
在周五的文件中，特朗普的律师辩称，第一修正案“不仅支持，而且鼓励”特朗普在佐治亚州采取的行动，包括敦促国务卿布拉德·拉芬斯佩格在他的臭名昭著的电话为特朗普“找到”足够的选票，以克服他在该州的损失。
“因为2020年选举被操纵和窃取的主张在公开演讲中受到第一修正案的保护，所以当它在请愿或倡导行动中向政府官员提出时，也同样受到第一修正案的保护，”该文件称。
特朗普的律师还在文件中辩称，富尔顿县的起诉书只指控特朗普的言论和宣传行为——他们声称，所有这些都受到第一修正案的保护。
“富尔顿县检察官在对特朗普总统的指控中没有发现任何非言论或非宣传行为，”它说。“针对特朗普总统的每一项指控和公开行为都基于政治言论和宣传的核心行为，这些行为是第一修正案的核心。”
律师们辩称，即使特朗普的陈述是虚假的，演讲仍然受到保护。
“根据第一修正案，政府不能仅仅因为政府确定一些观点是‘正确的’，而另一些观点是‘错误的’，就禁止或定罪关于有争议的社会、政治和历史问题的言论，”文件称。“事实上，控方声称该演讲是‘虚假的’，这并不能改变这一结论，尤其是在政治背景下。”
特朗普和其他18人在8月份对富尔顿县地方检察官的所有指控进行了无罪辩护全面的敲诈勒索起诉涉嫌试图推翻佐治亚州2020年总统选举的结果。四名共同被告随后接受了认罪协议，以换取同意指证其他被告。
前总统认为地方检察官的调查是出于政治动机而不予考虑。
Trump, in filing, asks judge to dismiss 'invalid' Georgia election interference charges
Former President Donald Trump, in a new court filing Monday, again urged a Georgia judge to dismiss his Fulton County election interference charges on First Amendment grounds, arguing that the indictment against him is "categorically invalid" because it seeks to criminalize "core political speech."
"President Trump enjoys the same robust First Amendment rights as every other American," said the new filing from Trump attorneys Steve Sadow and Jennifer Little. "The indictment here does not merely criminalize conduct with an incidental impact on protected speech; instead, it directly targets core protected political speech and activity."
The new filing supports the arguments Trump's attorneys previously made in court during a hearing earlier this month, in which they said the indictment "violates free speech."
"The indictment needs to be dismissed," Sadow told the court during the Dec. 1 hearing.
In Friday's filing, Trump's attorneys argue that the First Amendment "not only embraces but encourages" the type of actions Trump undertook in Georgia -- including urging Secretary of State Brad Raffensperger in his infamous phone call to "find" enough votes for Trump to overcome his loss in the state.
"Because the claim the 2020 election was rigged and stolen is protected by First Amendment when it is made in a public speech, it is equally protected by the First Amendment when it is made to government officials in an act of petitioning or advocacy," the filing states.
Trump's attorney also argue in the filing that the Fulton County indictment only charges Trump for speech and advocacy actions -- all of which, they claim, is protected under the First Amendment.
"The Fulton County prosecutors have not identified any non-speech or non- advocacy conduct in the allegations against President Trump," it said. "Every charge and overt act alleged against President Trump rests on core acts of political speech and advocacy that lie at the heart of the First Amendment."
The speech is still protected, the attorneys argue, even if Trump's statements were false.
"Under the First Amendment, the Government may not prohibit or criminalize speech on disputed social, political, and historical issues simply because the Government determines that some views are 'true' and others are 'false,'" the filing said. "The fact that the prosecution alleges the speech was 'false' does not change that conclusion, particularly within the political context."
Trump and 18 others pleaded not guilty in August to all charges in the Fulton County district attorney's sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four co-defendants have subsequently taken plea deals in exchange for agreeing to testify against other defendants.
The former president has dismissed the district attorney's investigation as being politically motivated.
